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2025 DAILYLAW 55498 (ALL)

DHIRESH YADAV v. STATE OF U.P.

BAIL/15911/2025 · 2025-09-17

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15911 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Rejoinder affidavit filed by the applicant is taken on record. 3. Heard Sri Yadvendra Singh, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 645 of 2022, under Sections 323, 504, 506, 308 I.P.C., Police Station-Kotwali Nagar, District-Etah, during the pendency of trial. 5. As per the prosecution story, the applicant is alleged to have assaulted the victim on 21.08.2022 at about 04:40 PM by hitting him in the abdomen with a brick, thereby causing injuries. 6. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The FIR is delayed by about 11 days and there is no explanation to the said delay caused. There is no criminal history of the applicant. The applicant is languishing in jail since 28.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned State Law Officer has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that FIR is delayed by about 11 days, and without Versus Counsel for Applicant(s) : Arun Kumar Pal, Yadvendra Singh Counsel for Opposite Party(s) : G.A. Dhiresh Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Dhiresh Yadav, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 18, 2025 Karan BAIL No. 15911 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad